BILL NUMBER: AB 738	CHAPTERED  10/10/99

	CHAPTER   770
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 14, 1999
	AMENDED IN SENATE   JUNE 10, 1999
	AMENDED IN ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Davis
   (Coauthors:  Assembly Members Firebaugh and Honda)
   (Coauthors:  Senators Baca and Ortiz)

                        FEBRUARY 24, 1999

   An act to add Sections 19822.7 and 20963.1 to the Government Code,
relating to state employees, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 738, Davis.  State employees.
   (1) Existing law establishes the Child Care Fund to encourage the
development of child care programs for dependent children of state
employees and is administered by the Department of Personnel
Administration.  The funds are allocated to the Child Care Fund from
the amount appropriated in the annual Budget Act for employee
compensation and were available for expenditure through June 30,
1991.
   This bill would create the Work and Family Fund in the State
Treasury, a continuously appropriated fund, to establish and maintain
work and family programs for state employees and to be administered
by the Department of Personnel Administration.  The bill would
provide that the moneys in the fund shall be allocated from the
amount negotiated in memoranda of understanding between the state and
the recognized employee organization, and appropriated by the
Legislature, for the 2000-01 fiscal year and subsequent fiscal years.
  The fund would cease to exist on June 30, 2005, and any balance in
the fund would revert to the General Fund, unless the existence of
the fund is extended by statute and that statute is enacted and
becomes effective prior to that date.
   (2) Existing law requires a state, school, or school safety
member, whose effective date of retirement is within 4 months of
separation from employment with the employer that granted sick leave
credit, to be credited at his or her retirement with 0.004 year of
service credit for each unused day of sick leave, as specified.
   This bill would provide that a state member, whose effective date
of retirement is within 4 months of separation from employment with
the state, shall be credited at his or her retirement with 0.0004
year of service credit for each unused day of educational leave, as
specified.
   (3) Existing law provides that if any provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees
requires the expenditure of funds, those provisions of the memorandum
of understanding shall not become effective unless approved by the
Legislature in the annual Budget Act.
   This bill would approve provisions of specified memoranda of
understanding entered into between the state employer and the
California State Employees Association, and would provide that the
provisions of any memorandum of understanding that require the
expenditure of funds shall become effective even if the provisions of
the memorandum of understanding are approved by the Legislature in
legislation other than the annual Budget Act.
   This bill would provide that any provision in a memorandum of
understanding approved by any section of this bill, and which
requires the expenditure of funds, shall not take effect unless funds
for these provisions are specifically appropriated by the
Legislature, and would provide that if funds for these provisions are
not specifically appropriated by the Legislature, all or any part of
the memorandum of understanding may be declared null and void by any
affected employee organization.
   (4) This bill would appropriate five hundred thousand dollars
($500,000) from the General Fund for transfer to the Work and Family
Fund to provide for the establishment and administration of the work
and family program initiatives.
   (5) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19822.7 is added to the Government Code, to
read:
   19822.7.  (a) There is hereby created in the State Treasury the
Work and Family Fund to which funds shall be allocated from the
amount negotiated in memoranda of understanding between the state and
the recognized employee organization, as defined in Section 3513,
and appropriated by the Legislature, for the 2000-01 fiscal year and
subsequent fiscal years.
   (b) The fund shall be used to establish and maintain work and
family programs for state employees.  These programs may include, but
are not limited to, financial assistance to aid in the development
of child care centers administered by either nonprofit corporations
formed by state employees or child care providers, or to provide
grants, subsidies, or both grants and subsidies for child care and
elder care.  Other programs may include enhancement or
supplementation of existing employee assistance program services and
other work and family programs.
   (c) The fund shall be administered by the Department of Personnel
Administration.  The amounts to be allocated and expended from funds
available for compensation shall be determined by the department.
   (d) Notwithstanding Section 13340, funds in the fund shall be
available for expenditure without regard to fiscal years through June
30, 2005.  As of June 30, 2005, the fund shall cease to exist and
any balance in the fund shall revert to the General Fund, unless the
existence of the fund is extended by statute and that statute is
enacted and becomes effective prior to June 30, 2005.
  SEC. 2.  Section 20963.1 is added to the Government Code, to read:

   20963.1.  (a) A state member whose effective date of retirement is
within four months of separation from employment of the state, shall
be credited at his or her retirement with 0.004 year of service for
each unused day of educational leave credit, as certified to the
board by the employer.  The provisions of this section shall be
effective for eligible state members who retire directly from state
employment on and after January 1, 2000.
   (b) This section shall apply to eligible state members in state
bargaining units that have agreed to this section in a memorandum of
understanding, or as authorized by the Director of the Department of
Personnel Administration for classifications of state employees that
are excluded from the definition of "state employee" by paragraph (c)
of Section 3513 of the Government Code.
  SEC. 3.  The provisions of the following memoranda of understanding
prepared pursuant to Section 3517.5 of the Government Code and
entered into by the state employer and the following employee
organizations in 1999, which require the expenditure of funds, are
hereby approved for the purposes of Section 3517.6 of the Government
Code:
   (a) Unit 20-California State Employees Association.
   (b) Unit 21-California State Employees Association.
  SEC. 4.  Notwithstanding Section 3517.6 of the Government Code, the
provisions of any memorandum of understanding that require the
expenditure of funds shall become effective even if the provisions of
the memorandum of understanding are approved by the Legislature in
legislation other than the annual Budget Act.
  SEC. 5.  Any provision in a memorandum of understanding approved by
any section of this act that requires the expenditure of funds shall
not take effect unless funds for these provisions are appropriated
by the Legislature.  If funds for these provisions are not
appropriated by the Legislature, all or any part of the memorandum of
understanding may be declared null and void by any affected employee
organization.
  SEC. 6.  The sum of five hundred thousand dollars ($500,000) is
hereby appropriated from the General Fund for transfer to the Work
and Family Fund to provide for the establishment and administration
of the work and family program initiatives.  Any additional funds for
subsequent fiscal years shall be transferred from the amount
appropriated in the annual Budget Act for employee compensation.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the provisions of this act to be applicable as soon
as possible in the 1999-2000 fiscal year and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary for this act to take effect immediately.
